BRAINYAK, INC. DBA GUTCHECK
PRIVACY POLICY

 

This Privacy Policy describes the ways in which BRAINYAK, Inc., doing business as GutCheck,  (“we,” “our,” or “us”) may collect information about you through your use of www.gutcheckit.com or any other website, app or portal that links to this policy (collectively the “Site”) and how we may use, disclose and share your personal information, including in connection with your participation as a survey panelist or survey respondent for on-line market research hosted and conducted by us (a “Survey Panelist”). By using the Site or otherwise providing your acceptance of this Privacy Policy, you consent to the processing of your information as set forth in this Privacy Policy.

We may make changes to this Privacy Policy in the future and encourage you to visit and review this Privacy Policy frequently. This Privacy Policy was last updated on August 12, 2019.

This Privacy Policy provides information about the following topics, which can be accessed directly by clicking on one of the links below:

Information Collection

Information You Provide

Information Collected Through Survey Participation

Information Automatically Collected From You

Information Collected From Others

Information Use

Communications From Us

Service-Related Announcements

Customer Service

Newsletters and Marketing

Survey or Sweepstakes

Sharing Information

Privacy Shield

Third Party Websites

Where is this Information Processed

Your Choices

Information for European Union Visitors

Children’s Information

Data Retention

Your California Privacy Rights

Contact Us

Information Collection

Information You Provide

We and our service providers collect information that you provide when you use our Site, including when you register for an account; participate in polls, surveys, and other research projects (see specific information about this below); apply for a job; request a report; or otherwise contact us with a question, comment, or request. The information you provide to us can include, but is not limited to, your name, address, phone number, company and email address. We may also collect information that you provided to our business partners, including market research panel providers our clients that referred you to the Site and have provided us with such information.

Information Collected Through Survey Participation

Your selection for and/or participation in any on-line survey may include the submission of personally identifiable information, such as an email address, to us (“Survey Panelist Information”).  This Survey Panelist Information will be used for market research purposes and to contact you regarding survey participation and not for direct marketing purposes (however, if you have provided your information to us in other ways, such as through our website, we may use your information to contact you as set forth elsewhere in this Privacy Policy).

In some circumstances, the information you provide may include more sensitive personal information (ethnicity, income, education, etc.).  We collect such information solely for meeting our (and our client’s) market research goals. Specifically, collecting this information allows us and our clients to create a balanced audience reflective of a certain consumer population or its segments.  Such information is not collected for any discriminatory purposes.  You always have the right not to answer any question with which you do not feel comfortable.

If you are a Survey Panelist, we may share your survey responses with our clients.  In such cases, your survey responses are shared with our clients only on an anonymous basis unless:

(i) our client has referred you to us, in which case, your information may be shared, in connection with survey responses, with such client on a non-anonymous basis;

(ii) you provide a survey response that includes digital images or videos, in which case our clients may receive any personal information in such images and videos. You agree that if you are a Survey Panelist that is providing images or videos, you will carefully review what is in such images or videos and not include any information in such images or videos that you do not consent to us sharing with our clients;

(iii) you respond to an open-ended question that does not specifically request personal information with personal information. You agree that you will carefully review your responses and exclude personal information unless such information is specifically requested; or

(iv) if our clients need personal information (for example, a shipping address) to provide you with materials and/or products that are the subject of a survey or to a fulfil a participation incentive.

Information Automatically Collected From You

As is true of most websites, we and our service providers gather certain information automatically from your computer or mobile device over time and across different websites when you use the Site including through the use of logs. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We and our service providers may collect this information using “cookies,” which are small text files a website can use to recognize repeat users, or similar technologies. We may also use third-party tracking services, including Google Analytics, that use cookies to track information about visitors to our Site for aggregate reports to capture usage and volume statistics to help us improve our Site. We do not control these cookies.  This privacy statement covers our use of cookies and does not cover the use of cookies by any third party.  Third parties may track users over time and across different unaffiliated websites following a visit to our Site.  In order to perform certain types of surveys, we may also insert pixels into the Site.  When you access a web page with a pixel (a practically invisible image) the pixel notifies a GutCheck partner of your visit.  The partner may then read cookies on your device that enable it to provide GutCheck with additional information about Survey Panelists.

For more information about cookies, our use of cookies and your cookie choices, please visit our Cookies Policy.

Information Collected From Others

We may collect information about you from third party data sources and combine it with the information we collect above. This could include, for example, information we obtain about you from a market research sample provider or a marketing database with whom you have a relationship or you have provided consent to share your information.

Information Use

We may process the information we collect for a number of purposes.  If you are a European Union visitor, we only do so with your consent, in order to fulfill contractual obligations, to comply with our legal obligations, or for our legitimate interests of being able to provide and improve the Site, such as exercising our legal rights or complying with applicable laws.  More specifically, we may use the information we collect to:

  • Provide you with services: We use your personal information to provide services that you or your organization have requested. We do this with your consent or, in the case that such services are the subject of an agreement between you or your organization and us, to fulfill contractual responsibilities.
  • Conduct market research: If you are a Survey Panelist, we use your personal information and your response to surveys to conduct market research, both for our own purposes and on behalf of business partners. We do this with your consent and to fulfill contractual responsibilities between you and us.
  • Communicate with you: We may use your personal information when we communicate with you, including when you contact us with questions or request a demo. We do this with your consent or, in the case that such communications are made in connection with an agreement between you or your organization and us, to fulfill contractual responsibilities.
  • Advertise and market our services: We may use your personal information to send you marketing and promotional materials. We do this with your consent.
  • Understand more about your use of our Site and services: We may use your information to pursue our interest in understanding how you use our Site and services and to enable us to improve our Site. We do this with your consent or, if we have not obtained your consent, for our legitimate interest of being able to provide and improve the site.
  • Exercise our rights: We may use your personal information to exercise our legal rights where it is necessary to do so, for example to detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Site. We do this for our legitimate interest of being able to provide and improve the site, with your consent where we have obtained such consent, and to comply with our legal obligations.
  • Comply with our obligations under applicable laws: We may use your personal information to comply with applicable legal requirements, for example by providing certain information to governmental and recognized law enforcement agencies where we are explicitly required by law to do so.

We may also use information on an anonymized basis and/or combine or aggregate any of the information we collect through the Site, offline, or elsewhere for any of these purposes.

Communications From Us

You may opt out of receiving future email marketing communications from us by unsubscribing here. Different types of communications that you may receive from us are described below.

Service-Related Announcements

We may send you service-related announcements on rare occasions when it is necessary to do so, for instance, if our Site is temporarily suspended for maintenance.

Customer Service

Based upon the information you provide us, we may send you a welcoming email to verify your username and password. We may also communicate with you in response to your inquiries, to provide the services you request, and to manage your account.

Newsletters and Marketing

If you wish to subscribe to our newsletter(s) or to receive other materials, we will use your name and email address to send such materials to you. To opt out, you can follow the unsubscribe instructions included in each email sent to you or unsubscribe at the link above.

Survey or Sweepstakes

From time-to-time we may use your email address to reach out to you with the opportunity to participate in surveys or sweepstakes on our site or in connection with your ongoing participation in a survey. If you participate, we will request certain information from you. Participation in these surveys or sweepstakes is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and demographic information (such as age, zip code and shopping preferences).

Sharing Information

We may share the personal information we collect from you through the Site:

(i) to third parties that provide services to us in connection with our business operations, including, but not limited to, third parties that provide marketing services, help us detect and prevent fraud, security or technical issues or help conduct surveys. A list including third parties that may receive personal information and their purpose is available here.  Each of these third parties is either certified under the EU-US Privacy Shield Framework or has agreed to Standard Contractual Clauses with GutCheck that the European Commission has determined offer adequate safeguards with respect to the protection of privacy;

(ii) to clients if the client referred you to us, in the event that you submit videos, images and/or open-ended survey responses that contain personal information in connection with responses to survey questions or if our clients need such information to provide you with materials and/or products that are the subject of a survey or incentives;

(iii) as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site; and

(iv) to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Privacy Shield (for our EU and Swiss visitors)

GutCheck complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States.  GutCheck has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.  If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.  To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

In compliance with the Privacy Shield Principles, GutCheck commits to resolve complaints about our collection or use of your personal information.  EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact GutCheck at: legal@gutcheckit.com. GutCheck has further committed to refer unresolved Privacy Shield complaints to PrivacyTrust, an alternative dispute resolution provider located in the United States and United Kingdom. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.privacytrust.com/drs/open for more information or to file a complaint.  The services of PrivacyTrust are provided at no cost to you.  Under certain conditions, more fully described on the Privacy Shield website, https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution methods have been exhausted.

The United States Federal Trade Commission has enforcement authority with respect to our compliance.  To review our certification, see the US Department of Commerce’s Privacy Shield self-certification list located at: https://www.privacyshield.gov/list.  In cases of onward transfer to third parties of data of EU and Swiss individuals received pursuant to the EU-US Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, we will remain liable.

Third Party Websites

This Site contains links to other sites that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other sites. You acknowledge and agree that we are not responsible for the collection and use of your information by such third parties that are not under our control. We encourage you to be aware when you leave our Site and to read the privacy statements of each website you visit. This privacy statement applies only to information collected by the Site.

Where is this Information Processed

Information collected through the Site will be processed in the United States or other countries that may not be your home country, including those that are not regarded as ensuring an adequate level of protection for personal information under European Union law or by the European Commission. In addition, we may transfer your information outside the United States to our affiliates, business partners, and service providers located in other countries. To the extent your personal information is transferred outside the United States, we put in place appropriate safeguards (such as contractual commitments) in accordance with applicable legal requirements to ensure that your data is adequately protected. For more information on the appropriate safeguards in place, please contact us at the details below.

Your Choices

If you need to correct or update your personal information or delete or deactivate a user account you may do so by contacting us at GutCheckLegal@gutcheckit.com. We will respond to any request within 30 days.

If you would like to exercise your cookie choices and/or limit the Site’s use of cookies, please visit our Cookie Policy at https://www.gutcheckit.com/cookie-policy/. However, the Site may not function properly without cookies. Enabling cookies ensures a smooth, efficient visit to the Site.

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, www.allaboutdnt.org, for more information on this developing area.

Additional information with respect to the rights and choices of European Union Visitors is set forth below.

Information for European Union Visitors

You have certain rights regarding your personal information, subject to local European Union data protection laws. These include the right to:

  • access your personal information
  • rectify the data we hold about you
  • erase your personal information
  • restrict our use of your personal information
  • object to our use of your personal information
  • receive your personal information in a usable electronic format and transmit it to a third party (right to data portability)
  • lodge a complaint with your local data protection authority if you have any complaints about the manner in which your data is being processed
  • withdraw your consent for us to process your data.

If you would like to discuss or exercise these rights, please contact us.  Our EU representative is listed below and can be contacted directly by using the form linked below.

VeraSafe Netherlands BV

Keizersgracht 391 A

1016 EJ Amsterdam

The Netherlands

Contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative

We encourage you to contact us to update or correct your data if it changes or if the personal information we hold about you is inaccurate. We will contact you if we need additional data from you in order to honor your requests.

Children’s Information

This Site is not intended for children under the age of 16.  We do not collect information directly from children under the age of 16 unless we have obtained consent from a parent or legal guardian.  If you are under the age of 16 and your parent or legal guardian has not provided consent for you to participate in a survey, you are not authorized to use the Site.  If you become aware that your child or any child under your care that is under the age of 16 has provided us with information without consent from a parent or legal guardian, please contact us at the contact information listed below and we will have such information removed.

Data Retention

We retain your personal information for as long as we have a relationship with you or the organization that has provided personal information on your behalf or, in the case of personal information obtained in a survey, for so long as we have a legitimate interest in keeping such information for future market research. When deciding how long to keep your personal information, we take into account our legal obligations, including requirements of regulators and governmental agencies that have authority over us.  We may also retain records to investigate or defend against potential legal claims.

We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further processing or use of the information.

Your California Privacy Rights

If you reside in California and have provided your personally identifiable information to us, you may request information once per calendar year about any disclosures of your personally identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing at the following email address: GutCheckLegal@gutcheckit.com.

Contact Us

If you have any questions about this Privacy Policy or our use of your information collected through the Site, please contact us by emailing us at GutCheckLegal@gutcheckit.com or by contacting us by postal mail at:

Brainyak, Inc. dba GutCheck

Attn: Legal Department

633 17th Street

Suite 1300

Denver, CO 80202

If you are located in the European Union, you may also contact our EU representative by submitting a form to VeraSafe Netherlands BV at https://www.verasafe.com/privacy-services/contact-article-27-representative.

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to make a complaint to the data protection authority of your country of residence.